This Chapter analyses one harmonisation project within European intellectual property law, namely, the recent development of trade mark law within the European Union (EU). It highlights several characteristics of trade…
Tag: ECJ
Property in Brands
This paper traces the emergence of a new res or object of protection within European trade mark law. Proprietary rights in trade marks have conventionally been premised upon the mark’s…
Advocate-General’s Gumption Could Keep the ‘Fun’ in Computer Functions
Advocate-General of the European Court of Justice (ECJ), Yves Bot’s opinion at the end of last year, on SAS Institute Inc. v. World Programming Ltd., was based on the High…
Collective Licensing: Promises and Pitfalls
Looking at the current state of trans-border licensing of music inEurope, the European example can teach mainly what to avoid. Even more so, many of the issues discussed in…
"Communication To The Public" Also Hot-Button Issue Across the Pond
Ben Farrow is a JD candidate at Osgoode Hall Law School. As previously reported by the IPilogue here, the Supreme Court of Canada is not the only national court grappling…
Flower Powers – ECJ Rules On Interflora v Marks And Spencer
Ben Farrow is a JD candidate at Osgoode Hall Law School. On September 22, 2011, the European Court of Justice handed down a judgement on a series of trade mark…